Eligible employees using FMLA leave must provide a 30-day advance notice to take FMLA leave when the need is foreseeable, otherwise notice is to be provided as soon as practicable. An adequate amount of information must be provided in order for the employer to determine whether the FMLA applies to the leave request. If the employee is applying for FMLA leave for the first time, the employee is not required to assert FMLA rights or even mention the FMLA. If the employee has previously been provided FMLA-protected leave, the employee then must specify the qualifying reason or need for FMLA leave.

As an employer, you have some important responsibilities in order to remain compliant and avoid costly fees. A notice approved by the Secretary of Labor explaining rights and responsibilities under FMLA must be posted and included in the employee handbook or written guidance concerning employee benefits. The FMLA poster provided by the Department of Labor here is available for use by employers. Once the employee requests FMLA leave or it is determined the leave is for FMLA purpose, the employer is responsible for notifying the employee of the rights and responsibilities under the FMLA and explain that the leave will be designated and counted as FMLA leave. Optional forms WH-381 and WH-382 are also provided on the Department of Labor website for employer use.

Employers can require certification from a health care provider when FMLA leave is requested, as well as a certification that they are fit to resume work upon their return. The DOL has also provided forms WH-380E and WH-380F for employer use regarding certification.

As always, ERA welcomes the opportunity to assist you with any of your compliance needs. Please do not hesitate to contact us to find out how we can be of valuable service to you.

*This article is intended to provide general guidance and should not be considered legal advice.

According to the United States Department of Labor, employees who are eligible under FMLA may take up to 12 work weeks of unpaid leave during a 12 month period due to one or more of the following reasons:

For the birth and care of a newborn child of the employee

For the placement with the employee of a son or daughter for adoption or foster care

To care for a spouse, son, daughter or parent with a serious health condition

To take medical leave when the employee is unable to work because of a serious health condition

For qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter or parent is on active duty or call to active duty status as a member of the National Guard or Reserves in support of a contingency operation

A serious health condition is defined as an illness, injury, impairment or physical or mental condition that involves inpatient care or continuing treatment by a health care provider for a condition that prevents the employee or the qualified family member from performing the functions of their job. Employees can also take leave in blocks on a “reduced leave schedule” when medically necessary with reasonable efforts to schedule the leave so as not to disrupt the employer’s operations. Additionally, during FMLA leave, the employer must maintain the employee’s health coverage under any group health plan on the same terms as if the employee had continued to work. When the employee returns to work, they are to be restored to their original job, or to an equivalent job with equivalent pay, benefits and other terms and conditions of employment.

To view the full code of federal regulations regarding FMLA, please click here.

The final post in the series will discuss appropriate notice and certification under FMLA.

*This article is intended to provide general guidance and should not be considered legal advice.

During our many years of service to our clients, the regulation that brings the most questions is the Family Medical Leave Act (FMLA). In a concentrated effort to answer questions and bring clarity to the Act, we are going to divide the FMLA information into three distinct parts and actually give you links to appropriate forms directly from the Department of Labor website.

The FMLA allows employees to take up to 12 work weeks, consecutive or intermittent, depending on the circumstances, unpaid, job-protected leave in a 12-month period for specified family and medical reasons. Employees are eligible if they:

Work for a covered employer

Have worked for the employer for a total of 12 months

Have worked at least 1,250 hours over the previous 12 months

Work in the United States where at least 50 employees are employed by the employer within 75 miles.

There are a few exceptions related to military service. If an employee had a break in service during the 12 month employment requirement or 1,250-hour requirement due to fulfillment of the employee’s National Guard or Reserve military service obligation, the time performing the military services counts in determining whether the employee has been employed for at least 12 months or 1,250 hours. Additionally, there are military family leave entitlements, including military caregiver leave and qualifying exigency leave. Military caregiver leave allows eligible employees up to 26-weeks (in a single 12 month period) unpaid leave to care for a service member with a serious illness or injury that is the employee’s spouse, son, daughter, parent or next of kin. To find out more details on military caregiver leave and what is classified as a “qualifying exigency,” click here to be directed to the Department of Labor website.

If your company uses the services of independent contractors the feds may want to talk with YOU soon! The IRS has recently started a new enforcement strategy to identify independent contractors that should actually be classified as employees.

The new project is set to recoup those payroll taxes on independent contractors as well as penalties and interest. It is expected to raise $7 billion in tax revenue in the next decade. They are targeting industries where they believe employers most commonly misclassify workers.

At the top of the list are: construction related companies, child care, home health care and grocery stores.

If you have questions or concerns about your classifications feel free to contact us, we are happy to help!

As you may have noticed over the past several years, regulations and legal obligations have increased tenfold and business owners are seeing that is more difficult to keep pace. In addition to accomplishing all of your daily revenue-producing tasks — which, let’s be honest, you probably don’t have enough hours in the day to complete to begin with — you must also stay abreast of all the changes the state and federal agencies are directing to business owners. With audits continually on the rise, non-compliance could be a very costly pitfall for your company.

In a recent article from PEO Insider, Jenny Swinterton explains that “failing to provide proper notice to [COBRA] participants” can cost you “up to $210 per day.” She goes on to say, “If just one COBRA form is not sent out and the mistake is not caught for two months, the penalty can be more than $12,000.” And that is just one small part of a multitude of forms and regulations you are required to keep up with. If you are a small business, this task can be overwhelming, but the thought of hiring new staff to handle HR issues may be out of the question for you at this time financially. Larger companies may have an HR department, but have questions when specific situations arise or an audit emerges.

This is one of the many reasons a quality PEO can be invaluable to your company and the growth of your business. ERA works closely with our clients’ HR departments to ensure each client is compliant based on their specific industry requirements. We take a proactive approach to training clients’ employees with the respective HR supervisors so noncompliance issues and accidents can be avoided from the start. If you have questions about ERA and how we can assist you in handling these daunting tasks, feel free to contact us for a meeting to find out if ERA might be a good fit for your organization.